Demarest v. Vandenberg
New Jersey Court of Chancery
Bill to foreclose. On appeal by complainant from decision of examiner as to competency of witness.
1Opinion of the Court
The Chancellor.
The bill is filed to foreclose a mortgage. The complainant is a person of unsound mind, so declared in this court by inquisition and decree. He appears in this suit by guardians duly appointed under those proceedings. The ’ defendant, in his *131answer, sets up the defence of usury, On the taking of the testimony before the examiner, he offered himself as a witness to prove the usury. The complainant’s counsel objected to his being sworn, on the ground that he was incompetent to testify in his own behalf in the suit, because the complainant was prevented by legal disability from…
2Cases cited23 opinions
- Baltimore City Passenger Railway Co. v. McDonnell ex rel. McDonnellCourt of Appeals of Maryland · 1876
- Walsh v. WalshMassachusetts Supreme Judicial Court · 1874
- Underhill v. DennisNew York Court of Chancery · 1841
- Garnett v. GarnettMassachusetts Supreme Judicial Court · 1874
- Bryant v. LivermoreSupreme Court of Minnesota · 1874
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3Cited by1 opinion
- Griffin v. LondriganNew Jersey Court of Chancery · 1930